The Competitive Enterprise Institute (CEI), a D.C.-based think tank, said the changes to the new rule were “cosmetic” and likely to still be shot down in court.

“The rule as proposed is unlikely to survive judicial review,” CEI fellow William Yeatman said. “In particular, EPA’s explanation for how carbon capture and sequestration can be achieved industry-wide falls woefully short. The agency relied on ‘crystal ball’ reasoning, which is forbidden by the courts.”

Reactions on Capitol Hill fell along familiar fault lines, with Republicans and coal country Democrats in opposition.

Sen. Joe Manchin (D., W.V.) said in statement that the new rule was “direct evidence that this Administration is trying to hold the coal industry to impossible standards.”